People often only think about their property corners only when the need arises. Having taken calls from property owners on property lines issues these are the common reasons that most often come up:
1.) Need to build a fence.
2.) Some form of dispute with the neighbour.
As critical as the issues above are to resolve, most property owners are neglecting the importance of having permanent legal markers marking the biggest asset most of us own.
3 things that define your property
Three things are critical to understand when owning a property, and one should not be confused with the other.
1.) Title (What we own):
This is a legal record of what we own, including legal description, ownership details, mortgage details, and any other encumbrances and or interests on the land(SRW, easements, mortgages, covenants etc.)
2.) Legal plan(How much we own):
This is a legal record in the Land Title Office of the area and dimensions of the property.
3.) Permanent legal property markers (Where we own):
This is the actual physical markers (referenced on a legal plan) on the land that defines where our ownership extents are.
For further details on point 1 and 2 refer to our article https://elevatelandsurveying.com/buying-a-property-why-get-a-land-survey-first/.
Land Title System
So for property owners who have a record of point 1 and 2. Why would point 3 matter?
To understand that you would need to first understand how our land title system works. Essentially, our system is based on a Torrens system of land title registration.
This provides a system where the record of title is guaranteed without any further searches to prove validity. This type of system provides an “up-to-date official and public record of who owns the land, and the charges and interests that relate to land titles.”
The key to the system above is that legal plans and legal markers are set to provide certainty to the “where” and “how much” to each property title.
Enter the land surveyor.
The Land Title Survey Authority states “Land surveys are referred to as “cadastral” which comes from the French word referring to the register of lands. The “cadastral fabric” of BC refers to the property boundaries, survey monuments, legal documents, maps, and regulations which are required to make the system work.”
Further info on our land title system can be found at https://ltsa.ca/property-owners/about-land-records/history-of-bcs-land-title-system/.
Types of permanent legal markers
So to clarify what do we mean by permanent legal markers?
1.) Iron pin/post
According to the ABCLS(Association of British Columbia Land Surveyors) this is “The most frequently used survey monument is the standard iron post, consisting of a galvanized square iron bar that is not less than 1.2 cm across any face nor less than 75 cm long and marked near the top with the initials “BCLS”. It is used to mark everything from city lots to pipeline rights of way. It is usually set flush with the ground and accompanied by a triangular wood (guard stake) or metal reference marker.”
2.) Lead plug
“A lead plug consists of lead firmly set into and flush with the top of a hole that is drilled in rock or concrete. The hole must have a minimum diameter of 12 mm and a minimum depth of 30 mm. Lead is firmly set into and flush with the top of the hole and a brass tack set in the lead that indicates the precise corner position. These monuments are generally set in sidewalks within urban areas.”
Refer to https://abcls.ca/page/corner-monuments for more details and additional markers/monuments that can be placed.
Options to consider
So what are the options to consider to ensure we have certainty of where and how much our ownership is
1.) Property Line Survey
This is where a land surveyor will do a thorough legal search of the property. Looking for and marking up any legal property markers that may have been set previously.
Often over time property markers get buried and covered, so there are tools we use to uncover and mark them up if they still exist.
2.) Posting Plan
What if during the course of a property line survey that property pins/markers are found to be missing?
Then pursuant to section 68 of the Land Title Act a land surveyor can set and or reset legal permanent markers on the property.
Once completed, the land surveyor will file a posting plan with the Land Title Office. This allows for a legal public record of the permanent legal markers set on the property.
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96250_07#section68
3.) Reference Plan
A Reference plan is also an option to set permanent legal property markers. These plans are more useful for older properties and or any scenario where there is not a clear existing plan defining the area and dimensions of your property.
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96250_07#section100
Conclusion
To conclude, yes, often the question of where and how much we own only comes up when we build a fence and or get into an dispute However, as critical as having a record of your title to the land, a clear record of where and how much we own is just as critical.
At Elevate Land Surveying we believe in providing customized solutions to the unique property needs of our clients across the Lower Mainland. Reach out to us and one of our land surveyors can assist you on your next project! https://elevatelandsurveying.com/contact-surveying-company/
References:
https://ltsa.ca/property-owners/about-land-records/history-of-bcs-land-title-system/
https://abcls.ca/page/corner-monuments